Impressum
BLASTGATE.COM WARRANTY CLAUSE
FOR BLASTGATE.COM BRANDED PRODUCTS ONLY - SOLD IN THE EU
BlastGate.com B.V., a private limited company incorporated under the laws of the Netherlands, registration number 82016186, with its principal place of business at Botsholsedwarsweg 2A, 3646AK Waverveen, the Netherlands (“BlastGate”), provides the warranties set out below to the original purchaser (“You”) of the following Smart Dust Collection products (the “Products”):
- SHUTR Controller
- SHUTR Gate
- SHUTR Sensor
- SHUTR Remote
PRODUCT WARRANTY
BlastGate warrants to You that each Product shall be free from defects in construction, material and electronics, provided that it is stored, installed, used and maintained in accordance with BlastGate’s instructions, manuals and other guidelines provided by or on behalf of BlastGate (the “Product Warranty”). The Product Warranty becomes effective on the date of Your purchase of the Product and shall expire one (1) years thereafter (the “Product Warranty Period”).
WHAT IS NOT COVERED BY THIS WARRANTY?
The Product Warranty only apply in EU countries. If You have purchased a Product for use in any other country outside the EU, the Product is provided ‘as is’, without any warranty whatsoever.
The Product Warranty does not cover any changes resulting from or attributable to wear and tear as is considered as normal under generally accepted industry standards, such as (but not limited to) normal colour changes, scratches, stains, mechanical wear, oxidation, and optical deterioration.
Both the Product Warranty shall lapse (and therefore no longer apply) if You (or a third party on Your behalf) (i) modify or change the Product without BlastGate’s prior written approval; (ii) remove, change or make unrecognizable BlastGate’s identification labels, serial numbers and/or other marks applied on the Product; or (iii) fail to comply with the installation, use and/or maintenance instructions, manuals or other guidelines provided by or on behalf of BlastGate.
The Product Warranty do not cover defects that result from (i) environmental pollution such as soot, smoke, salt, acids, or other chemicals or corrosive substances; (ii) power failure, power surges, storm, lightning, flooding, earthquake, fire, war, acts of vandalism, accidents and/or any other cause beyond the reasonable control of BlastGate; or (iii) use of the Product with a third party component or product that has not been supplied, recommended or approved by BlastGate.
WHAT WILL BLASTGATE DO IN THE EVENT OF A WARRANTY CLAIM?
If You submit a claim under the Product Warranty during the Product Warranty Period, BlastGate shall, at its sole discretion, (i) repair the defective Product; (ii) replace the defective Product with a functionally equivalent product; or (iii) refund the Product at the then current market price of the Product.
If You are eligible for warranty, BlastGate shall bear the costs related to the remedies set out above, except for the costs related to troubleshooting, diagnosis, disassembly, removal, transportation and installation or reinstallation of the Product.
BlastGate shall own all Products that have been replaced or refunded under the Product Warranty.
HOW TO OBTAIN WARRANTY SERVICE?
If You believe that You are eligible for warranty and wish to obtain warranty service, You must notify BlastGate of Your warranty claim at the following e-mail address: info@blastgate.com
Your claim must include the date of Purchase of the Product and must be accompanied by the original sales receipt as evidence of purchase. Any warranty claims must be made as soon as possible, but no later than six (6) weeks after Your discovery of the defect. BlastGate shall have no obligations under this warranty for claims that have been made later than this six (6) weeks period.
If BlastGate believes that the defect is or may be covered by either the Product Warranty, it will issue a return authorization (RA). You must obtain a return authorization from BlastGate before shipping any defective Product to BlastGate. Defective Products for which BlastGate has issued a return authorization must be returned to BlastGate by You, adequately packed, unless the return authorization provides that BlastGate shall pick up the defective Product itself.
You must comply with all instructions on the removal, disassembly, storage and/or packaging of the defective Product set out in the return authorization. If You are responsible for returning the defective Product, You shall bear the risk of loss of or damage to the Product until the Product is delivered in accordance with the return authorization. If BlastGate is responsible for picking up the defective Product, risk of loss and damage shall transfer to BlastGate at the moment of pick-up.
Upon receipt of a defective Product, BlastGate shall assess Your warranty claim. If the claim is granted, You will have the remedies set out above under ‘What will BlastGate do in the event of a warranty claim’.
BLASTGATE HAS NO OTHER WARRANTY OBLIGATIONS
Except as expressly set out above, BlastGate hereby disclaims all warranties with respect to the Products, including without limitation the warranty of merchantability, the warranty of non-infringement of intellectual property rights, and all other warranties, express or implied, arising by operation of law or otherwise. Also, the warranty remedies set out in this limited warranty are BlastGate’s sole obligations and Your sole remedies in the event of a valid warranty claim.
Your rights under this warranty are not-transferable. If You are not the end-user of a Product but have purchased a Product for the purpose of onward sale to Your customers, You are solely responsible for providing and performing warranties to such customers. To the maximum extent permitted by law, BlastGate shall not have any responsibility vis-à-vis Your customers and You must defend BlastGate against, and indemnify BlastGate from, any claim made directly against BlastGate by Your customers with regard to any Product supplied by You.
BlastGate disclaims any other liability for breach of warranty than as set out in this limited warranty. In particular, BlastGate shall not be liable for any indirect or consequential damage (including but not limited to loss of profits, loss of revenues, loss of goodwill, work stoppage, wages paid in vain, data loss, loss of savings), regardless of whether a claim for compensation of such damage is based on contract, tort, warranty, or any other legal theory, and to the maximum extent permissible by applicable law.
If, notwithstanding the foregoing, BlastGate would be liable for any damage incurred by You as a result of BlastGate’s breach of this warranty, BlastGate’s liability shall per event be limited to the higher of (i) the amounts actually paid by BlastGate’s insurance with respect to such event; or (ii) 15 (fifteen) % of the price paid by You for the Product(s) involved in such event, regardless of whether a claim for compensation of such damage is based on contract, tort, warranty, or any other legal theory, and to the maximum extent permissible by applicable law.
GENERAL
This warranty is subject to the laws of the Netherlands, without recourse to its conflict of law principles. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. Any and all disputes arising under this warranty shall be exclusively subject to the jurisdiction of the competent courts of Amsterdam, the Netherlands. However, in the event You have Your statutory seat in a country in which a decision of a Dutch court is not enforceable, the dispute will be exclusively settled by means of arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (NAI). The place of arbitration in that event shall be Amsterdam, the Netherlands. The language of arbitration shall be English.
FOR BLASTGATE.COM BRANDED PRODUCTS ONLY - SOLD IN THE EU
BlastGate.com B.V., a private limited company incorporated under the laws of the Netherlands, registration number 82016186, with its principal place of business at Botsholsedwarsweg 2A, 3646AK Waverveen, the Netherlands (“BlastGate”), provides the warranties set out below to the original purchaser (“You”) of the following Smart Dust Collection products (the “Products”):
- SHUTR Controller
- SHUTR Gate
- SHUTR Sensor
- SHUTR Remote
PRODUCT WARRANTY
BlastGate warrants to You that each Product shall be free from defects in construction, material and electronics, provided that it is stored, installed, used and maintained in accordance with BlastGate’s instructions, manuals and other guidelines provided by or on behalf of BlastGate (the “Product Warranty”). The Product Warranty becomes effective on the date of Your purchase of the Product and shall expire one (1) years thereafter (the “Product Warranty Period”).
WHAT IS NOT COVERED BY THIS WARRANTY?
The Product Warranty only apply in EU countries. If You have purchased a Product for use in any other country outside the EU, the Product is provided ‘as is’, without any warranty whatsoever.
The Product Warranty does not cover any changes resulting from or attributable to wear and tear as is considered as normal under generally accepted industry standards, such as (but not limited to) normal colour changes, scratches, stains, mechanical wear, oxidation, and optical deterioration.
Both the Product Warranty shall lapse (and therefore no longer apply) if You (or a third party on Your behalf) (i) modify or change the Product without BlastGate’s prior written approval; (ii) remove, change or make unrecognizable BlastGate’s identification labels, serial numbers and/or other marks applied on the Product; or (iii) fail to comply with the installation, use and/or maintenance instructions, manuals or other guidelines provided by or on behalf of BlastGate.
The Product Warranty do not cover defects that result from (i) environmental pollution such as soot, smoke, salt, acids, or other chemicals or corrosive substances; (ii) power failure, power surges, storm, lightning, flooding, earthquake, fire, war, acts of vandalism, accidents and/or any other cause beyond the reasonable control of BlastGate; or (iii) use of the Product with a third party component or product that has not been supplied, recommended or approved by BlastGate.
WHAT WILL BLASTGATE DO IN THE EVENT OF A WARRANTY CLAIM?
If You submit a claim under the Product Warranty during the Product Warranty Period, BlastGate shall, at its sole discretion, (i) repair the defective Product; (ii) replace the defective Product with a functionally equivalent product; or (iii) refund the Product at the then current market price of the Product.
If You are eligible for warranty, BlastGate shall bear the costs related to the remedies set out above, except for the costs related to troubleshooting, diagnosis, disassembly, removal, transportation and installation or reinstallation of the Product.
BlastGate shall own all Products that have been replaced or refunded under the Product Warranty.
HOW TO OBTAIN WARRANTY SERVICE?
If You believe that You are eligible for warranty and wish to obtain warranty service, You must notify BlastGate of Your warranty claim at the following e-mail address: info@blastgate.com
Your claim must include the date of Purchase of the Product and must be accompanied by the original sales receipt as evidence of purchase. Any warranty claims must be made as soon as possible, but no later than six (6) weeks after Your discovery of the defect. BlastGate shall have no obligations under this warranty for claims that have been made later than this six (6) weeks period.
If BlastGate believes that the defect is or may be covered by either the Product Warranty, it will issue a return authorization (RA). You must obtain a return authorization from BlastGate before shipping any defective Product to BlastGate. Defective Products for which BlastGate has issued a return authorization must be returned to BlastGate by You, adequately packed, unless the return authorization provides that BlastGate shall pick up the defective Product itself.
You must comply with all instructions on the removal, disassembly, storage and/or packaging of the defective Product set out in the return authorization. If You are responsible for returning the defective Product, You shall bear the risk of loss of or damage to the Product until the Product is delivered in accordance with the return authorization. If BlastGate is responsible for picking up the defective Product, risk of loss and damage shall transfer to BlastGate at the moment of pick-up.
Upon receipt of a defective Product, BlastGate shall assess Your warranty claim. If the claim is granted, You will have the remedies set out above under ‘What will BlastGate do in the event of a warranty claim’.
BLASTGATE HAS NO OTHER WARRANTY OBLIGATIONS
Except as expressly set out above, BlastGate hereby disclaims all warranties with respect to the Products, including without limitation the warranty of merchantability, the warranty of non-infringement of intellectual property rights, and all other warranties, express or implied, arising by operation of law or otherwise. Also, the warranty remedies set out in this limited warranty are BlastGate’s sole obligations and Your sole remedies in the event of a valid warranty claim.
Your rights under this warranty are not-transferable. If You are not the end-user of a Product but have purchased a Product for the purpose of onward sale to Your customers, You are solely responsible for providing and performing warranties to such customers. To the maximum extent permitted by law, BlastGate shall not have any responsibility vis-à-vis Your customers and You must defend BlastGate against, and indemnify BlastGate from, any claim made directly against BlastGate by Your customers with regard to any Product supplied by You.
BlastGate disclaims any other liability for breach of warranty than as set out in this limited warranty. In particular, BlastGate shall not be liable for any indirect or consequential damage (including but not limited to loss of profits, loss of revenues, loss of goodwill, work stoppage, wages paid in vain, data loss, loss of savings), regardless of whether a claim for compensation of such damage is based on contract, tort, warranty, or any other legal theory, and to the maximum extent permissible by applicable law.
If, notwithstanding the foregoing, BlastGate would be liable for any damage incurred by You as a result of BlastGate’s breach of this warranty, BlastGate’s liability shall per event be limited to the higher of (i) the amounts actually paid by BlastGate’s insurance with respect to such event; or (ii) 15 (fifteen) % of the price paid by You for the Product(s) involved in such event, regardless of whether a claim for compensation of such damage is based on contract, tort, warranty, or any other legal theory, and to the maximum extent permissible by applicable law.
GENERAL
This warranty is subject to the laws of the Netherlands, without recourse to its conflict of law principles. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. Any and all disputes arising under this warranty shall be exclusively subject to the jurisdiction of the competent courts of Amsterdam, the Netherlands. However, in the event You have Your statutory seat in a country in which a decision of a Dutch court is not enforceable, the dispute will be exclusively settled by means of arbitration in accordance with the Arbitration Rules of the Netherlands Arbitration Institute (NAI). The place of arbitration in that event shall be Amsterdam, the Netherlands. The language of arbitration shall be English.